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1 – 10 of 43Muhammad Saleem Korejo, Erum Naseer Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Nazir Ullah
This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is…
Abstract
Purpose
This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is effective and improves anti-corruption operating system in Pakistan.
Design/methodology/approach
This paper performs an analysis of recent amendments incorporated in NAO from the observations of superior courts, United Nations Corruption Convention and Financial Action Task Force (FATF) guidelines and also evaluates new legislation in terms of effectiveness in anti-corruption campaign.
Findings
This paper finds that ample amendments are inessential, and thus may largely jeopardize accountability process; changes appear to be intentionally crafted to benefit some selected group of people: the definition of asset is compressed; the onus of proof is shifted on the informer; and provisions of money trail, foreign evidence and protection of approver are abolished; such changes defy to the UN Corruption Convention and FATF guidelines. A legislation endorsed from all stakeholders is suggested; additionally, improved strategies proposed to strengthen accountability process while keeping in view the constitutional issues relevant in the course of anti-corruption investigations.
Originality/value
This paper is unique in the context of the anti-corruption strategies in Pakistan, highlighting the legal laxness of new government regarding corruption and money laundering.
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Kolawole Ebire and Patrick Olasehinde Daniels
This paper aims to assess the roles of agencies in combating illicit financial flows (IFFs) in Nigeria. Specifically, this paper explores the roles of the major anti-corruption…
Abstract
Purpose
This paper aims to assess the roles of agencies in combating illicit financial flows (IFFs) in Nigeria. Specifically, this paper explores the roles of the major anti-corruption agencies – the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices and other Related Offences Commission (ICPC) – in curbing IFFs in Nigeria. This paper reviews the various activities and achievements of these agencies in combating IFFs and concludes that in spite of the effort made by these anti-graft agencies, Nigeria still ranks top among African countries suffering from IFFs. Therefore, this study recommends a need for a collective and coordinated strategy by authorities worldwide to address the difficulties posed by financial crimes.
Design/methodology/approach
This study reviews the roles of anti-graft agencies in combating IFFs in Nigeria. Specifically, this study explores the roles of EFCC and ICPC in combating IFFs.
Findings
This study concludes that in spite of the effort made by Nigeria’s anti-graft agencies, IFFs have continued to increase thereby impeding the effort to achieve Sustainable Development Goal 16.4 – reduce IFFs.
Originality/value
This study contributes to the existing body of knowledge by exploring Nigeria's major anti-graft agencies and their effort in curbing IFFs in Nigeria.
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This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Abstract
Purpose
This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.
Design/methodology/approach
This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.
Findings
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.
Research limitations/implications
Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.
Practical implications
This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.
Social implications
This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.
Originality/value
The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.
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This study aims to examine the participation of the Parliament of Tanzania in the fight against corruption in the country.
Abstract
Purpose
This study aims to examine the participation of the Parliament of Tanzania in the fight against corruption in the country.
Design/methodology/approach
A desk-based research approach based on the review of documents and legal instruments was used.
Findings
The results of this study show that the Parliament of Tanzania has a chequered performance in fighting corruption. While it has passed several anti-corruption-related laws and in some respects succeeded to hold a few government officials accountable for the abuse of public office, there is little evidence to demonstrate its contribution at fighting this conundrum. Factors contributing to this deficiency include irresponsiveness to corruption allegations involving Members of Parliament, parliament’s remote oversight of the anti-corruption agency and shrinking democratic space in the parliament.
Practical implications
Tanzania has relatively high corruption levels. The country’s Development Vision 2025 envisages a nation free of corruption. Hence, efforts are needed from public and private sectors to overcome this conundrum. The parliament holds a special place in that fight. Through its representation, legislative and oversight roles and powers, parliament has a wider opportunity to strengthen anti-corruption in the country. This study shows that the Parliament of Tanzania has not been very effective in that regard. It offers suggestions to strengthen the parliament’s position and engagement to fight corruption.
Originality/value
There is scanty literature on the role of the Parliament of Tanzania in fighting corruption. This study is seminal, as it investigates the Tanzanian anti-corruption arsenal from a crucial organ that is vested with constitutional powers to make laws and oversee the executive and its agencies.
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Agaptus Nwozor and Oladiran Afolabi
Corruption is a long-standing challenge in Nigeria. The country’s development crises, including widespread poverty and insecurity, have direct and indirect links to corruption…
Abstract
Purpose
Corruption is a long-standing challenge in Nigeria. The country’s development crises, including widespread poverty and insecurity, have direct and indirect links to corruption. The paradox of corruption in Nigeria is that political elites have politicised its elimination: while preaching anti-corruption, they are still neck-deep in corrupt practices. The purpose of this study centres on Nigeria’s anti-corruption crusade in the context of its effectiveness in attracting global support for external loot recovery. A related preoccupation of this study is to unravel the extent to which Nigeria’s anti-corruption accomplishments or otherwise have shaped international perception.
Design/methodology/approach
This study adopts a qualitative research design. It draws from primary data generated from 25 key informant interviews and complemented with secondary data from archival materials to examine Nigeria’s anti-corruption crusade, especially global perception and its overall implication in motorising the country’s quest for external loot recovery. It deploys unstructured interview guide to generate data from the key informants.
Findings
This study unveils three interrelated issues: since 1999, the promise of eliminating corruption from Nigeria’s body politic has been a recurring campaign theme without corresponding credible action against it. Although anti-corruption agencies exist in Nigeria, the country’s corruption profile is high, an indication of their ineffectiveness. The persistence of corruption has resulted in poor national image, thereby shaping negative international perception about Nigeria. The politicisation of Nigeria’s anti-corruption crusade has undermined international support and created uncertainty in the country’s quest for the recovery of its looted national funds.
Practical implications
The negative perception of the international community about the commitment of the Nigerian Government in fighting corruption has negative implications on the strategic partnership necessary for loot recovery across the globe.
Social implications
The overall social implication is loss of global support for Nigeria’s anti-corruption drive, including its quest to recover its stolen national assets and other forms of international assistance for national development.
Originality/value
The value of this study is two-fold, one, its recency and originality in terms of interrogating the interconnections between domestic efforts at anti-corruption and global perception of such efforts; and two, the contextualisation of the compromised efficiency of Nigeria’s anti-graft agenda and its overall implications in securing global support for external loot recovery.
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Maryna Murdock, Thanh Ngo and Nivine Richie
This study aims to investigate the effect of public corruption on the performance and risk of financial institutions domiciled in the USA..
Abstract
Purpose
This study aims to investigate the effect of public corruption on the performance and risk of financial institutions domiciled in the USA..
Design/methodology/approach
This study uses the US Department of Justice’s (DOJ) Public Integrity Section Reports to proxy corruption. The analysis is performed by bank size and includes robustness checks for omitted variables and endogeneity concerns.
Findings
The results show that a corrupt environment is associated with lower bank performance without a reduction in risk. Larger banks tend to underestimate the increase in credit risk. Small- and medium-size banks seek to “re-capture” returns in corrupt districts by reducing their liquidity.
Research limitations/implications
The implication of this research is that financial institutions do not thrive in corrupt environments and are unlikely to participate in corrupt practices. Overall, this study documents the tangible harm inflicted by corrupt practices.
Practical implications
A practical implication is that banks may attempt to re-capture lower returns resulting from corrupt environments by extending more risky loans, specifically, commercial real estate loans.
Social implications
This study demonstrates the costly impact of corruption on large and small banks. While larger banks report higher share of non-performing loans, smaller banks show an increase in the provision for loan and lease losses, suggesting that smaller banks may be more risk averse.
Originality/value
Prior studies investigate corruption in US firms while excluding financial institutions. This study fills this gap by investigating the effect of public corruption on the performance and risk of financial institutions domiciled in the USA.
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Jacqui-Lyn McIntyre, Duane Aslett and Nico Buitendag
President Cyril Ramaphosa, in his 2018 State of the Nation Address, stated that “Thieves who are stealing public funds should be arrested and prosecuted”, and called for lifestyle…
Abstract
Purpose
President Cyril Ramaphosa, in his 2018 State of the Nation Address, stated that “Thieves who are stealing public funds should be arrested and prosecuted”, and called for lifestyle audits of public-sector employees. The gross misuse of COVID-19 relief funds by public officials indicated the urgent need to execute these audits as an anti-corruption measure. This paper aims to provide a review of the existing state of affairs with regard to the application of lifestyle audits in South Africa.
Design/methodology/approach
This paper critically analyses the literature available on the current position of South Africa concerning lifestyle audits in the public sector, based on the mandates of some of the anti-corruption agencies that could be responsible for the conducting and processing of such audits.
Findings
South Africa has only recently seen a framework for applying lifestyle audits, developed by the Department of Public Service and Administration. Although these first steps in developing a standard practice are laudable, the practical process of dealing with misconduct and/or criminal matters remains to be seen. It is recommended that South Africa consider a legislative approach to dealing with unlawfully obtained wealth by either criminalising the act of illicit enrichment (per the United Nations Convention Against Corruption) or creating an Unexplained Wealth Order, as seen, for example, in the UK.
Originality/value
South Africa is in dire need of addressing corruption in the public sector. Despite lifestyle audits being called for, the lack of proper implementation is negating any positive outcomes. Therefore, alternative solutions should be investigated.
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Nicole F. Stowell, Carl Pacini, Martina K. Schmidt and Nathan Wadlinger
This study aims to increase awareness and educate the reader about health-care fraud targeting seniors in the USA to help stakeholders better understand, recognize and prevent…
Abstract
Purpose
This study aims to increase awareness and educate the reader about health-care fraud targeting seniors in the USA to help stakeholders better understand, recognize and prevent this type of fraud.
Design/methodology/approach
This paper collects statistics on the current state of health care frauds committed against seniors, and examines related cases and laws.
Findings
The authors find this type of fraud is highly prevalent and expected to increase. Current laws preventing this fraud from occurring are multifold and complex. While prevention strategies through law enforcement have been somewhat successful, a reduction in resources may put seniors at an increased risk in the years to come.
Research limitations/implications
Without additional prevention strategies, the problem will likely escalate with a growing population of older adults. This study encourages further research into effective prevention strategies and methods to fight health-care fraud against seniors.
Practical implications
Health-care fraud and its associated costs pose a significant threat to the society and economy of the USA. Reducing this fraud will not only reduce the costs to the US economy but also improve the physical and mental well-being of senior victims, reduce their mortality and hospitalization rates and improve the public trust placed to health-care providers.
Originality/value
This study highlights how health-care fraud is committed against seniors. With the projected trend of an aging US population, educating stakeholders, increasing awareness and applying tools to protect seniors will be important to reduce the absolute scope of this problem in the future.
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Muhammad Saleem Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Erum Naseer Korejo
This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes…
Abstract
Purpose
This paper aims to debate moral and legal dilemma embedded with plea bargaining (PB) and raises a question whether the approach of “PB” is a viable tool to tackle financial crimes and to what extent it contributes in recovery of stolen money. This paper critically examines the concept with reference to relevant laws of the USA, the UK, Pakistan and Nigeria.
Design/methodology/approach
This study used legal scholarship, jurisprudence and other open source data to analyze issues in the application of PB as a viable tool in asset recovery and financial crimes.
Findings
This paper provides that PB has certain moral and legal dilemma in terms of legality and punishment; the concept offers a sense of escape from criminal punishment by simply return of partial stolen money or “settlement” in exchange of discounted punishment even without imprisonment, thus incentivizing an offender. Further, the concept is unregulated, misapplied especially in developing world like Pakistan and Nigeria, where plea bargain laws are mostly manipulated by white-collar individuals. Therefore, this study recommends the amendment of relevant laws pertaining to PB; construction of “plea bargain handbook” to prevent arbitrariness and misapplication and to ensure transparency in its application; legislations like Speedy Trail Act; creation of “Fast Track-Model Courts” and a balancing system between “settlement” and “deterrence.”
Originality/value
Perspectives on PB are brought to bear from financial crime and malpractice and recovery of stolen money.
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Olusola Joshua Olujobi and Tunde Ebenezer Yebisi
The purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This…
Abstract
Purpose
The purpose of this study is to examine the corruption prevalent in the distribution of COVID-19 palliatives during the lockdown and movement restrictions in the country. This study seeks to analyse the current state of corruption in the distribution of COVID-19 palliatives and public health facilities in Nigeria while also providing a legal insight and strategic blueprint to combat corruption. To this end, this study will address the current legal framework for combating corruption and build upon this to formulate a working strategy for tackling corruption in the future.
Design/methodology/approach
Using a doctrinal legal research methodology, this study draws upon existing literature, tertiary data sources and information from the Nigeria Centre for Disease Control. The collected data is analysed and compared with current literature to identify key findings. Rent-seeking and utilitarian theories of the law were examined to guide this study. This study offers useful insights into combating corruption. The use of this method is justified, as it enhances the credibility of the findings on the importance of strategies for future emergencies. This legal research approach is consistent with the law and can be easily verified. The empirical aspect of this study involved a survey of multidimensional health-care and economic data set of 36 states in Nigeria plus the Federal Capital Territory on COVID-19 in Nigeria. A survey linearised regression model was estimated to determine the influence of government revenue and public health-care facilities in the control of the virus spread in Nigeria.
Findings
This study reveals the need for emphasis on the imperative of combating corruption in the distribution of COVID-19 palliatives and establishing economic resilience through transparent and accountable practices, supported by legal frameworks.
Research limitations/implications
Rent-seeking and utilitarian theories of law are evaluated because of their impacts on combating corruption. The limitation of this study is the intricacy of gathering data on COVID-19 palliatives corruption in Nigeria because of secrecy and the absence of reliable data on the subject.
Practical implications
Estimating the exact number of stolen palliatives and their fiscal impact on Nigeria's economy proves to be a formidable task because of the covert nature of corruption. This study equips policymakers in Nigeria with a better understanding of the legal challenges posed by corruption in the health care sector and provides an effective strategy to combat it.
Social implications
The lack of reliable data on the extent of palliative theft hinders the ability of lawmakers to enact effective legislation and strategies for combating corruption in the distribution of COVID-19 palliatives and addressing future emergencies in Nigeria. The policy implications of this study can assist policymakers in Nigeria and other countries in formulating measures to combat corruption in the distribution of COVID-19 palliatives and other future emergencies. Furthermore, it recommends the overhaul of anti-corruption laws and mechanisms in Nigeria to ensure effective measures against corruption.
Originality/value
In conclusion, this study contributes to knowledge by proposing a legal model centred on people's participation to enhance transparency and accountability in future palliative distribution processes. This study recommends legal strategies that can effectively address corruption in future emergencies or shocks. This study proposes a strategic blueprint to tackle corruption in the future. This blueprint includes an analysis of existing laws and regulations, as well as potential policy changes and legislative reform. This study also includes recommendations for improved enforcement and oversight mechanisms and for improved public awareness and education. As part of this, this study considers the potential for public–private partnerships to increase transparency and accountability in public health and health-care services.
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